UChoose Contracts - Terms & Conditions of Trade
YOUR ATTENTION IS DRAWN TO THESE TERMS AND CONDITIONS. READ THEM CAREFULLY AS THEY EXPLAIN IMPORTANT INFORMATION ABOUT THE BASIS ON WHICH WE WILL LEASE A VEHICLE.
In these Terms & Conditions:
"we", "us", "our": means Swansway Garages Limited, a company registered in England with registered office at Gateway, Crewe, CW1 6YY (Co. No. 04507008). Our VAT no. is GB823807233.
"you" and "your": means our named customer whose details are on the order form.
"Terms": means these Terms and Conditions.
1. About these Terms and our agreement
- These Terms apply to all vehicle leases between you and us.
- Any order you place, is subject to written acceptance and confirmation by us. The agreement between us is only formed when we accept your order in writing i.e. when we sign the order form. Nothing obliges us to accept any order.
- The order accepted by us, these Terms and any other special terms applicable to your purchase together, form the agreement between us. Any terms you seek to impose are excluded.
- If there is any inconsistency between these Terms and the Order, the order prevails.
- By agreeing to these Terms, you confirm you are a UK resident. Leases to overseas residents is at our discretion.
2. Vehicle information
- Vehicle information is on our website. We try to vehicles accurately but variations may occur between descriptions and the vehicle itself. We may not have a photo of a particular vehicle online and will indicate if a library photo is used. This is an indication only of the vehicle and may not represent colour or options fitted. Variations between manufacturer brochures and vehicles may occur and performance forecasts are estimates only.
- We may remove a vehicle from lease at any time including if for any reason, we are no longer able to offer it for leasing.
3. Inspections, reports and vehicle condition
- You are responsible for ensuring that any lease you make satisfies your own, personal requirements subject to any specific requirements you highlight to us before leasing.
- Every vehicle is supplied with at least one key suitable for all locks. We do not guarantee that additional keys, including 'master' keys, will be provided. If additional keys are available, they will be supplied with the vehicle free of charge.
- Except as expressly agreed by us in writing, accessories supplied may not be the product of the vehicle manufacturer.
- You must inspect vehicles before signing the order (where relevant) and always before taking delivery. Vehicles are therefore, subject to defects brought to your attention in any way or which you identify or reasonably ought to be aware of on inspecting the vehicle.
4. Leasing a vehicle - preliminary steps
- To lease a vehicle you must arrange for Handover (i.e. when you take delivery of or collect the vehicle) in accordance with paragraph 6 below and pay for the vehicle, all accessories, goods, delivery fee and any service fees (to the extent not already paid) in full and cleared funds before the vehicle is released to you. Please ensure you make any necessary arrangements in advance of Handover. We do not usually accept cheques but if we agree to do so, cheques must clear before any vehicle or goods are released. Nothing obliges us to hand over a vehicle which has not been paid for in full and clear funds before the Handover date.
- Handover may be by collection from us (Collection) or delivery to your home/workplace (Delivery). We try to accommodate requested delivery dates but cannot be responsible for delay in Delivery or Collection nor for any loss or cost you incur in connection with any delay. Delays may be due to factors beyond our control, e.g. manufacturer delay and timescales are indicative only. Delivery timing is not of the essence.
- Delivery locations must be your home or work and be suitable and safe for Delivery. Dates and times of Collection or Delivery may be made by contacting the room. To change, please call, to give us notice. If you give less than one working days’ notice or are not there at the agreed time, we will use reasonable efforts to rearrange dates/times.
- At Handover you will need a UK photo driving licence, your passport and another form of ID which s your address plus proof that insurance is in place for the vehicle, in order for us to release it to you.
- If you want someone else at Handover to take delivery (Agent), they will only be able to if you have told us of their identity in advance. If you appoint an Agent, you confirm that person has your full authority to act and you agree to be bound by your Agent’s actions. If your Agent is at Handover but you have not told us in advance, we will use reasonable efforts to speak to you to confirm your Agent’s identity. If we cannot speak to you, Handover will not take place. Your Agent must provide the documents referred to above for us to release the vehicle. On Collection, your Agent will need to their licence and you must ensure that your Agent is aware of this in advance. If we reasonably believe the person we are met by is not you or authorised by you, or if our driver deems the location unsuitable or unsafe, we may cancel Handover and use reasonable efforts to rearrange.
- You will be required to sign relevant Handover documentation. We will continue to own the vehicle for the duration of your lease.
- Unless agreed by us in writing, if you fail to take delivery or collect a vehicle or any other product within fourteen days of us notifying you that the same is available for delivery or collection, we reserve the right to cancel the agreement, offer the vehicle for re-lease and initial payments will not be returned. You will be liable to pay to us costs that we reasonably incur if you fail to take delivery or collection, including any storage costs and in such circumstances, we will not repay your initial rental. Without affecting and subject to the above arrangements, if you unreasonably fail to take delivery of the vehicle, we may re-offer it for lease.
- If we fail to deliver the vehicle within 21 days of the estimated delivery date in the order (or any notified revision), you may by written notice to us require delivery within 7 days from receipt of such notice. If delivery does not take place within the 7 days then you may terminate the agreement by notice in writing to us.
6. Price and payment
- The vehicle lease price on our website is the price for the vehicle itself. Any other fees such as any delivery fee, cost of accessories or other goods and the cost of services is in addition. Prices exclude VAT. We may prices at any time, without notice before the agreement is in place, and otherwise in accordance with these Terms. We may pass on any cost increases we don’t control, e.g. changes in car tax, including once the agreement is formed. You shall pay VAT on all vehicles, goods and services properly charged at the prevailing rate.
- Initial Rentals may be paid by MasterCard, Visa credit card, Maestro, Delta or debit card. Charges we incur in processing card payments will be passed to you.
- For new vehicle leases, if after the order date and before delivery, the manufacturer/concessionaire recommended price for the vehicle or accessories s, we will notify you and in the case of:
- increase, will notify you of the increased amount to be passed to you. You may cancel the contract within 14 days of receiving such notice. If you do not cancel, the increase shall be added and become part of the contract price;
- reduction, will notify you of the allowance to be given to you. If the allowance is less than the reduction in the recommended price, you may cancel the contract within 14 days of receiving such notice. If you do not cancel, the decrease in price shall be deducted from the contract price.
- Nothing in these Terms shall limit or affect our liability resulting from any vehicle, materials, parts, accessories or equipment supplied being found to be unsafe or if something we do negligently causes death or personal injury
- Subject to paragraph 8.1, if we are in breach of our agreement, statutory duty, negligent or if other liability arises, we will only be responsible for any losses that you suffer as a direct result and to the extent that they are a foreseeable consequence to us before Handover, subject to a maximum of the amount paid by you to us and any direct costs incurred by you as a direct result of our failure. We will not be liable in respect of any indirect or special losses which means that we will not be responsible or liable for any loss or damage you incur as a side effect or consequence of the direct, main loss or damage or for anything which we could not reasonably anticipate or which you incur without first allowing us an opportunity to remedy any default which we are responsible for, within an appropriate and reasonable period.
- Subject to paragraph 8.1, we shall not be responsible for any damage or loss suffered or incurred as a result of repairs, modifications or ations to a vehicle by any person other than us or our agent.
- Subject to paragraph 8.1 and without affecting any other exclusions, our liability shall not in any event include business or financial commercial losses such as lost profits, loss of business opportunity, business interruption, lost data or wasted expense whether as a direct or indirect result of something that we do or fail to do.
- Unless we agree in writing, the only warranty supplied with vehicles (including fitted accessories) will be the manufacturer’s warranty (or balance thereof) should there be any and subject to us using reasonable efforts in seeking any such warranty from the manufacturer on your behalf. All other warranties are excluded to the extent legally permitted.
- For new vehicles, additional manufacturer/commissionaire terms may apply. Such terms will be brought to your attention and a copy is available in our room. If a manufacturer ceases a particular model, accessory or feature, that is beyond our control and we will not be liable for an inability to supply due to any manufacturer action. If a manufacturer ceases to make a model entirely, you may cancel this agreement or if a particular feature or accessory is no longer available, you may cancel within 14 days of us notifying you of such issue (unless we can provide an equivalent).
8. Statutory rights and defects
- Nothing affects your statutory rights as a consumer including those under the Consumer Rights Act 2015 (e.g. that a vehicle will be of satisfactory quality). For information, consumers can contact Citizens Advice or Trading Standards.
- If you think there is a fault or problem with a vehicle and wish to exercise any statutory right you may have, then you should cease using the vehicle until we have had the opportunity to inspect it and to avoid further damage. You will be responsible for returning the vehicle to the room from which you bought the vehicle (unless we agree to collect the vehicle from you or unless is it unsafe to drive the vehicle).
9. Your additional responsibilities
You agree to provide us promptly with any information that we reasonably request and promise that the information you provide, including when speaking to any of our representatives, is correct in so far as you are aware.
10. Cancellation rights
This paragraph 12 only applies if you have a cooling off right. It is not intended in any way to limit your rights for any defective product or service.
- In some limited cases you may have a right to cancel the agreement. If so, you have up to fourteen days after the day of Handover to cancel. This is a “cooling off period” and only applies to consumers and only in some circumstances. A person or entity purchasing from us in a commercial or business capacity has no such rights. The provisions of paragraph 12 therefore only apply to consumers.
- The right to cancel applies only if we have solely agreed the contract with you by distance means (e.g. phone or email), where there is no face to face meeting before we enter into our agreement. You will not have the right to cancel where you have been to our room to inspect a vehicle or signed an order when in our room.
- Where you wish to exercise a right to cancel, you must do so in the cooling off period, in writing. Please write to us at the address on the order form who will explain the process for cancellation. You are responsible for returning the vehicle to us and must do so within fourteen days of cancelling. If you do not return the vehicle, we will collect it and charge our costs as a rate of £100 + VAT plus £5 + VAT per mile for the distance recorded between our address and your address, n on viaMichelin.com or web based calculator of our choice. You must make the vehicle available for collection at the agreed date/time and agree we can enter your premises for collection.
- You must take reasonable care of the vehicle within the cooling off period. If you do not and exercise a right to cancel, we may be able to claim compensation from you e.g., for vehicle damage while in your possession or control. In that case, we will arrange for the vehicle to be inspected and notify you of any damage. If there is any damage and you return the vehicle, you need to repair it at your cost (unless covered by your insurance). If you intend to cancel you should not use the vehicle for more than ten miles during that time as a reasonable distance in which to test the car.
- If you have the right to cancel and you traded in Your Car, we will return Your Car (or Trade in Value if your vehicle is sold) within fourteen days of cancellation and will charge you our costs in returning Your Car.
- Where there is a cancellation right, you are entitled to a refund of the price paid and any delivery charges (less Trade in Value and other permitted deductions). We may reduce the sum if the vehicle is devalued due to your handling of it while in your possession or control. If you bought additional services you may not receive a refund of any service fees where you cancel the agreement where we have already performed the services. Where any additional services are to be performed, you agree that we may begin to perform them before the end of any cooling off period and any sums you have paid for services we have already undertaken for you, will not be returnable and that aspect of the contract will therefore not be cancellable.
- You may not transfer any of your rights under your contract with us to any other person. We may transfer our rights under our contract with you to another business or company where we reasonably believe your rights will not be affected.
- If either of us breaches the agreement and we choose to ignore this, we will each still be entitled to rely on our rights and remedies at a later date.
- We shall not be responsible for any breach of your contract or any other matters caused by circumstances beyond our reasonable control.
- Our contract with you is subject to English law. We will try to solve any disagreements quickly and efficiently. An native dispute resolution process is available to help resolve any disputes between you and us. The procedure is operated by Motor Codes (www.motorcodes.co.uk). If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England, Scotland, Wales or Northern Ireland. We subscribe to the Motor Industry Code of Practice.
- Except where we specifically agree, nothing in these Terms will give to any other person, any benefit or rights to enforce any of them.
- We reserve the right to appoint any third parties to assist us in performing our obligations or providing services, as we decide.
- For clarification, nothing in these Terms shall exclude any liability that we may have for fraudulent misrepresentation.
- If any provisions become void or unenforceable, all other parts will continue to be valid irrespective of the unenforceable provision. No change to these Terms will be effective unless agreed in writing by one of our authorised representatives.
- Nothing in these Terms will imply a relationship of employment, partnership or agency between you and us except to the extent agreed by us in the circumstances or except if otherwise stated in these Terms.
- We will not be liable to you if we are unable to perform any of our obligations under these Terms due to any reason beyond our reasonable control including legislation, fire, flood, failure of power supply, strike, employee stoppages or similar.
If you have any questions or complaints then these should be addressed to the Head of Business at the address n on the order form.